Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1887-07-29
Az OLD NLAHE CASE.
The story Of n 20 Years Fight for Lib
ertv.

ne principles involved, tne vast dlti efenCe
between the social and financial standing
of the litigaRts, and the pertinacity of both
parties to the suit, all tend to render it one
of the most remarkable cases that ever was
brought in this state. The parties TO the
suit We're Mr.. Gabriel S. Chouteau and
Charlotte, a negro girl, who claimed that
she was "A free woman, while Chouteau as
serted that she was his slave. In order "a
clearly comprehend the facts and the points
at issue, it is necessary 10 go back to the
last century and to the Dominion of Cana
da. In the year 1868 negress by the
name Of Rose was born in Montreal From
this place she was taken TO Prairie du Chen,
at that time still occupied as an outpost by
the British. She was held as a slave by
one Stark, by whom she was sold to An
drew Todd, who brought her and her two
children, Pierre and Charlotte, 70 St Louis,
where they were purchased by FIR. Didler, a
Catholic priest, who in turn sold them u
the father of Gabriel S. Chouteau, and the
latter gentleman became possessed of them
on his fathers death.
On November 3, 1872 Pierre, the broth
err of Charlotte, obtained permission from
Judge Bryan Mullanphy to sue as a poor
person to establish his claim to freedom.
The ground on which the claim Of freedom
was based was the fact that Pierre's moth
er being IA native Of Canada, was a British
subject, and therefore free, and that the
children of free woman were Of necessity
free, as their condition. whether of free
dom or slavery, depended upon that Of the
mother, and not that Of the father Dur
ing the tendency Of the suit the court or
dered that the plaintiff ho not removed out
Of the jurisdiction of the court, be permit.
ted to attend court and consult with his
counsel, and that he should not be subjected
to any severity ON account Of his applca
ton for freedom. The law provided that
in case the master should violate any pro
visions Of this order, the judge might re
quirc time to give security for the due OBJ
servauce Of its orders, failing in which, the
slave was 10 be delivered into the custody
Of the sheriff until the final decision Of the
case The sheriff was authorized 10 hire
out any negro thus coming into his custody,
taking bond for his return. Shortly after
the commencement of the suit it was
brought to the attention Of Judge Mulan-
ply that Mr.. Chouteau was not ubeying the
order of the court. Pierre had been de.
MED access 70 his counsel, confined in jail
and savagely whipped He was according
ly handed over 10 the sheriff, and as no one
would hire him, fearing that his longing
for liberty would induce him TO run away,
he was confined in the jail. The lower
court decided i'll his favor, but Mr.. Chou
teau obtained reversal in the supreme
court, ON the ground that the existence of
slavery in Canada was "a question of fact,
and therefore should have been decided by
the jury, and not by the court In the
meantime the long confinement had proved
most disastrous to Pierre, and from man
Of herculeau frame and unusual intellect
he had become physical wreck and men
tai mbecile, and while the case was still
pending died
Pending the decision Of the suit of Pierre.
Charlotte, his sister, on May /, 1915, began
a similar suit upon identical grounds. 1t
was agreed that her application for free
dom should be decided by the result in the
case Of Pierre, and it was not until his
death that her suit was pressed, The low
er court decided against her, holding that
slavery might exist without positive enact
ment OF law, and that it was not the policy
of IA slave state 10 favor the liberation of
the negro This decision was, however, re
versed in the supreme court, on the ground
of faulty instructions to the jury. On the
retrial in the circuit court she was again
unsuccessful, the judge refusing to admit
as evidence the bill of sale 10 the elder
Chouteau from Father Dider The bill did
not state that Rose, the mother of Char
lotte, was slave, but simply stated that
she was native Of Montreal. BY this de
cision every particle of proof Of the nativ-
ity of Chnrlotte's mother was botted out
and her case seemed hopeless But the SUI
preme court reversed the decision again,
holding u certified copy 10 be admissible
where the original could not he produced,
and the case was sent back to the circuit
court for its third trial This time the yer
dict was in favor Of Charlotte, but her
master took an appeal, and the case was
again reversed, the ground of reversal be-
ing that the lower court had erred i'll in
structing the jury that slavery did not eN
list in Canada, AS it was question of for
eign law, and foreign laws were question
of fact, and therefore came within the
province Of the jury and not within that Of
the Judge. This last reversal greatly dis
couraged those in charge of Charlotte
case, and they were advised to abandon it
a. hopeless but final effort was detcrm-
ined upon. \ lawyer went 10 Canada, and
with great industry collected proof from
old records tending to prove that slavery
did not exist in Canada, and, armed with
this proof, returned to st. Louis and again
opened the case in the circuit court.
Here Charlotte was again successful, but
her master again took AN appeal. The lie
cision of this appeal was SO long delayed
that Mr. Chouteau supposed that it had
been allowed to lapse, and determined Ia
sell the plaintiff Accordingly negro
trader one day made his appearance, took
possession of Charlotte, her children and
her grandchildren and placed them on board
of IA steamboat which was ON the point of
leaving for the south Her friends were
fortunately appraised of the action, the sher-
if was provided with the necessary papers,
and Charlotte and her children were rescu-
ed Just as the boat was on the point of
leaving the wharf Mr. Choutcau refused
to give bond for their custody and they were
accordingly given in charge to the sheriff,
who was about TO carry the party to jail,
when gentleman whose sympathy had
been excited by the case gave bond for
their safe keeping, and during the remain
der of the contest they were virtually free.
When the appeal of Mr. Chouteau came
before the supreme court it produced great
dissension ON the bench. One ground of
appeal was the refusal Of the Judge to
summon a special jury Of persons not resi-
dent in st, Louis, Mr.. Chouteau stating
that the feeling in this city against slavery
was so strong that it would be impossible
for him to obtain fair trial without a
special jury. The refusal of this jury was
held by some of the judges TO be good
ground for reversal, but the majority of
the court decided in favor of affirmation,
and the long struggle for liberty was at
last won. But the best years Of Charlotte S
life had been passed in the conflict Her
first suit was filed on May l. 1913, and the
final mandate of the supreme court, affirm
ing the verdict Of her freedom, and neces-
sarily that of her descendants, was dated
January 10, 1863, nearly 20 years after the
beginning of the litigation. During this
time grandchildren were born Of children
unborn at the commencement of the early
proceedings. The anxiety of this poor
woman, knowing that defeat meant hope
less slavery and separation from her fam
lily, for whose liberty she had battled so
long and SO bruvely, may readily he imag
iued, and the courage with which she cur
ried on the unequal struggle herself, with
out dollar in the world, against the power
of immense wealth and influence, excited
the wonder and admiration of all acquaint-
ed with the circumstances Of the case.
Charlotte is still alive, and resident of
St. Louis, OF her 10 children but two are
alive. Few of the actors in this remarka-
BILE drama survive, but the energy and vi
tality which carried the heroine through so
trying a struggle have preserved her life,
and although upward of 80 years of age,
she still bids fair 20 see many more years of
life.-St Louis Globe Democrat
WHEN THE DEMAND FOR WHIsKEY KEPT